How to Write a Position Statement for Family Court: A Practical Guide for Litigants in Person

What is a Family Court position statement?

A position statement is a short written submission setting out a party’s position on the issues the court needs to address at a particular hearing.

Under Practice Direction 27A , a position statement in proceedings other than financial remedy proceedings is distinct from a skeleton argument.

A position statement tells the court your position on the issues. A skeleton argument is a separate document setting out the legal arguments relied upon in support of that position.

A position statement is not a witness statement

This distinction matters.

A witness statement is evidence. It records facts a witness says are true and will ordinarily be verified by a statement of truth.

A position statement is written submission. It can summarise your position and refer the court to evidence that is already before it, but it should not be used to introduce new evidence, new exhibits or a fresh body of factual allegations.

The current rules for Family Court position statements

A substantially revised Practice Direction 27A came into force on 2 March 2026. It now contains detailed requirements governing position statements and other preliminary documents used in Family Court proceedings.

In proceedings other than financial remedy proceedings, a position statement should:

The preliminary document should also identify on its front page the date it was prepared and the hearing for which it was prepared.

A new position statement should be prepared for each hearing. The current Practice Direction specifically says that it is not appropriate simply to reuse an earlier position statement with an added “update” section.

Financial remedy proceedings are different

Different limits apply in financial remedy proceedings. Under the current Practice Direction, the usual maximum is:

• 6 pages for a first appointment or first hearing;
• 8 pages for another interim hearing;
• 12 pages for an FDR appointment; and
• 15 pages for a final hearing.

This guide is primarily aimed at litigants in person in private children and other non-financial family proceedings.

Public law children proceedings also have different requirements

In public law proceedings, including care proceedings, the current Practice Direction requires the case summary and position statement to be prepared using the applicable standard template.

Do not substitute the general example in this guide where the court requires a prescribed or standard public law document.

Before writing: identify the job of the hearing

One of the main reasons position statements become too long is that drafting starts before the writer has identified what the next hearing is actually for.

Before opening a blank document, locate:

1. the latest sealed court order;
2. the notice confirming the hearing date and type;
3. the application currently before the court;
4. the other party’s formal response, if relevant;
5. the most recent Cafcass, Cafcass Cymru, local authority or expert report;
6. the witness statements already filed;
7. the current bundle index and page references, if available; and
8. any direction explaining what the judge must decide at the next hearing.

Then complete this sentence:

“At this hearing, the court is being asked to decide…”

If you cannot finish that sentence clearly, return to the latest order.

Do not assume that every grievance, allegation or historical dispute between the parties will be determined at the next hearing.

Decide exactly what you are asking the judge to do

“I want the court to help” is understandable. It is not, however, an order.

Your position statement should distinguish between:

• what you need the court to order or direct at this hearing; and
• the final outcome you ultimately invite the court to make.

At an interim hearing you might, for example, be asking for disclosure, a section 7 report, permission to file further evidence, clarification of an existing order, participation directions, an interim arrangement, a timetable or a future hearing.

What does the judge need to understand quickly?

A useful way to test a draft is to imagine that the judge has only a short period in which to orient themselves before the hearing begins.

The first page should make the following immediately apparent:

A practical structure for your position statement

There is no advantage in making a position statement look more complicated than necessary. Clear headings and short numbered paragraphs usually work better than dense narrative.

1. Court heading

Copy the formal heading from the latest sealed order. It will normally include:

• the court;
• case number;
• relevant children or proceedings;
• the parties and their roles;
• the title “Position Statement”;
• the hearing date; and
• the date the document was prepared.

2. Purpose of the hearing

In one or two paragraphs, say what the hearing is and what the court is being asked to decide.

Do not begin with three pages of relationship history.

3. Essential procedural background

Include only the background necessary to understand the present issue. For example:

• when proceedings began;
• what application is before the court;
• the current arrangements;
• the most relevant previous order;
• what has happened since the previous hearing; and
• which current report or evidence the court is being asked to consider.

If the source document is already in the bundle, use the bundle reference rather than copying large sections of it.

4. Matters agreed

Identify genuine areas of agreement. This saves court time and shows that you are distinguishing between issues that require judicial determination and those that do not.

5. Issues in dispute

Use a short numbered list.

For example:

1. Whether a further welfare report is required.
2. Whether interim arrangements should change pending the final hearing.
3. Whether further evidence should be filed and, if so, by whom and by what date.

6. Your position on each issue

Deal with each issue separately. State your position and connect it to evidence already before the court.

The judge should be able to move from your proposition to the relevant source without searching the entire bundle.

7. Child welfare and impact

In proceedings relating to children, move beyond adult disagreement and explain the practical welfare consequences.

Ask:

• What does this mean for the child’s safety?
• What does it mean for stability and routine?
• What does it mean for education, health or emotional wellbeing?
• What does the child understand is happening?
• What delay or uncertainty is the child experiencing?

8. Negotiation and non-court resolution

Where it is safe and appropriate, briefly identify proposals, compromise or relevant non-court dispute resolution.

Domestic abuse and safeguarding cases require particular care. A person should not be pushed towards unsafe communication or negotiation merely to make a position statement appear conciliatory.

9. Orders and directions sought

Finish with a numbered list of the orders or directions you invite the court to make.

Make each request specific enough that the judge can understand the practical result you are seeking.

Family Court position statement template

This is a starting structure for private family proceedings. It must be adapted to the hearing, the latest court order and the facts of the individual case.

How to make a position statement genuinely child-focused

“Child-focused” does not mean minimising domestic abuse, non-compliance, manipulation or safeguarding concerns.

It means explaining why those matters are relevant to the child’s welfare rather than leaving the court with a catalogue of adult complaints.

Precision is usually more useful than accusation. Identify the problem, show the evidence trail, explain the welfare consequence and state the proposed solution.

Position statements involving domestic abuse or safeguarding concerns

A three-page document may still need to identify serious safeguarding concerns. Brevity should not mean erasing risk.

The task is to present the concern in a structured and hearing-specific way.

Where relevant, identify:

• the safeguarding issue the court must address at this hearing;
• whether the allegation is admitted, disputed or has already been determined;
• where the existing evidence appears;
• any current protective order or safety arrangement;
• the impact on the child or protected party; and
• the specific protective direction being sought.

Do not attempt to introduce significant new evidence by disguising it as submission. If a new event requires evidence, consider whether you need permission to file further evidence, notify the court or make an application.

In child arrangements cases where domestic abuse or risk of harm is raised, Practice Direction 12J may be central to the court’s approach.

The JSH Six-Question Check

Before filing, test the document against six questions:

This check is particularly useful where a case has become document-heavy or emotionally overwhelming. It forces the drafting back towards evidence, relevance and remedy.

Can you use AI to help write a Family Court position statement?

AI can be useful for structure, editing and identifying repetition. It should not be treated as a substitute for your own knowledge of the case, the court bundle or current law.

But every factual statement, date, quotation, case reference and legal proposition should be checked by a human against the actual source.

Avoid uploading confidential Family Court documents to a third-party AI service unless you understand how the information will be stored, processed and protected.

Ten common position statement mistakes

1. Writing the entire relationship history. Include only history needed for the present hearing.
2. Using the document to attack the other party. Connect disputed behaviour to an issue the judge actually needs to decide.
3. Introducing new evidence. Submission is not a substitute for a witness statement.
4. Attaching screenshots or exhibits. Current PD27A says the position statement should not contain exhibits.
5. Quoting large sections of reports or messages. Summarise the point and give the bundle reference.
6. Ignoring the type of hearing. An FHDRA, DRA, fact-finding hearing and final hearing perform different functions.
7. Failing to state the orders sought. The judge should not have to guess what outcome you want.
8. Recycling the previous hearing’s statement. Prepare a fresh, self-contained document.
9. Using legal language you do not understand. Accurate plain English is better than impressive-sounding terminology used incorrectly.
10. Missing the filing deadline. Read the latest order before relying on any general timetable.

A persuasive position statement does not try to say everything. It helps the judge identify what must be decided, why it matters and what order would deal with it.

The five-minute check before filing

Filing and serving your position statement

Start with the latest court order. A case-specific direction takes priority over the general timetable.

Under the current default timetable in Practice Direction 27A, preliminary documents that have not already been served and filed should ordinarily be dealt with by 11:00am on the working day before the hearing.

Do not treat that as permission to wait until the last possible moment. Courts may give an earlier deadline, and local filing arrangements may differ.

Before sending the document:

• check the case number;
• check the hearing date;
• check the document says when it was prepared;
• check the current order for the filing and service deadline;
• convert the final version to PDF where appropriate;
• use a clear filename;
• send or upload it using the correct court route;
• serve the other parties as required;
• retain proof of filing and service; and
• keep an accessible copy for the hearing.

A useful filename might be:

A useful email subject line might be:

Frequently asked questions

How long should a Family Court position statement be?

In proceedings other than financial remedy proceedings, the current general limit is three pages unless the court accepts that the case is complex and directs a different maximum. Financial remedy proceedings have different limits.

Does a position statement need a statement of truth?

A position statement is written submission rather than a witness statement and does not ordinarily require the witness-statement statement of truth. Do not add evidence to the document merely because it feels more formal.

Can I attach evidence to it?

The current Practice Direction says that position statements should not include exhibits or introduce new evidence. Refer instead to relevant evidence already in the bundle.

Can I use the same one at every hearing?

No. The current rules require a position statement to be prepared for each hearing and expressly discourage reusing an old document with an added update.

Can I disagree with Cafcass in my position statement?

Yes. You can identify a material factual disagreement or explain why you do not accept a recommendation. Do so precisely, identify the relevant paragraph or bundle page, and explain why it matters to the decision before the court.

What if something important happened after my evidence was filed?

Do not try to smuggle detailed new evidence into the position statement. Depending on the circumstances, you may need to notify the court, seek directions, apply for permission to file additional evidence or make a further application.

What if I have received the hearing papers and do not understand what I am supposed to file?

Start with the latest sealed order and identify each direction, deadline and document required. If you have only just received Family Court papers, see the JSH Law Just Received Family Court Papers? Start Here guide.

Need help turning your case into a clear position statement?

A useful position statement identifies the issues, the orders requested and the evidence supporting your position without repeating the entire case history. JSH Law offers document-organisation and drafting support for litigants in person.

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